No Plea Bargain? What Happens at a Criminal Trial

Legal dramas often skip the most common resolution to criminal cases: the plea bargain. In the real world, many cases are resolved through these agreements, where a defendant pleads guilty in exchange for reduced charges or a lighter sentence.

However, you are never required to accept a deal. If the terms are unfair or you are innocent of the charges, you have the right to reject the offer. At Jacobs & Dow, LLC, we believe every defendant should understand exactly what happens when negotiations end and the courtroom doors open.

If you reject a plea bargain, the case proceeds to a formal criminal trial. Here is a look at the process.

Moving to Trial

When a plea bargain is rejected, the case shifts from a negotiation phase to an adversarial one. It is important to remember that once a plea is rejected, you are not bound by the terms discussed during negotiations. The slate is effectively wiped clean regarding potential sentencing agreements.

The court will set a trial date. During this interim period, our legal team may file pre-trial motions. For example, our attorney might file a motion to suppress evidence if it was obtained illegally. These motions can significantly shape the landscape of the upcoming trial.

The Trial Proceedings

A criminal trial is a structured process designed to ensure fairness. While every case is unique, they generally follow this sequence:

1. Opening Statements

The trial begins with opening statements. The prosecution goes first, outlining the facts they intend to prove. The defense follows, presenting their theory of the case to the jury (or judge, in a bench trial). This is not the time for arguments, but rather a roadmap of what is to come.

2. Presentation of Evidence

Because the prosecution bears the burden of proof, they present their case first. They will introduce physical evidence and call witnesses to testify.

3. Cross-Examination

After the prosecution questions a witness, the defense has the opportunity to cross-examine them. This is a critical part of the defense strategy. Our attorney can question the witness’s credibility, memory, or potential biases to cast doubt on the state’s narrative.

4. The Defense’s Case

Once the prosecution rests, the defense may present its own case. This can involve calling witnesses, expert testimonies, or the defendant themselves (though the defendant has the right to remain silent). 

However, because the burden of proof lies with the state, the defense is not legally required to present evidence or call witnesses if they believe the prosecution failed to make their case.

5. Closing Arguments

Both sides summarize their arguments, highlighting the evidence that supports their narrative and pointing out the weaknesses in the opposition’s case.

6. Jury Instructions and Deliberation

After the closing arguments, the judge provides “jury instructions.” These are explanations of the relevant laws that the jury must apply to the facts of the case.

The jury then moves to a private room for deliberation. They review the evidence and attempt to reach a verdict. In a criminal trial, the verdict usually must be unanimous. If they cannot agree, it may result in a hung jury and a potential mistrial.

7. Verdict and Sentencing

The trial concludes with the reading of the verdict:

• Not Guilty: The defendant is acquitted and is free to go.
• Guilty: The defendant is convicted of the charges.

If the verdict is guilty, the process moves to sentencing. The judge will determine the appropriate punishment, which could include fines, probation, or incarceration. In some instances, specific offenses carry presumptive minimum sentences that the judge must follow.

The Right to a Full Defense

Rejecting a plea bargain carries risks, but it also exercises your fundamental constitutional right to a full defense. In a trial, the state must prove guilt beyond a reasonable doubt. This is a high standard.

By proceeding to trial, you force the state to meet this burden. If they cannot prove every element of the crime with certainty, the jury must return a verdict of not guilty.

Ensure Your Rights Are Protected

Navigating a criminal trial requires strategic preparation and aggressive representation. We always start by trying to prove your innocence so thoroughly that the case is thrown out by the court, and then after that, we will work for the best plea bargain for your case. If you reject a plea bargain, our legal team is ready to fight for your future.

If you are facing criminal charges in Connecticut, do not face the court system alone. Contact Jacobs & Dow, LLC today to discuss your case and build your defense.